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Tina, I was recently terminated by my employer for a dubious…

I was recently terminated...

I was recently terminated by my employer for a dubious reason, he said I didn't maintain an 80% to goal revenue target in order to keep my job; I have worked for the company which is based in Atlanta GA. for 10 + years and to my recollection this standard has never been used before nor has anyone ever been terminated for not maintaining an 80% to DIAOE goal. I suspect the termination was retaliation for the sales team scoring him very low on a recent company feedback survey and he also did it because he wanted to get rid of me due to my age (58) he terminated another sales associate of my same age using to the same reason, we were both terminated within a couple days of each other. The thing is our sales goals are based on revenue derived from the accounts we signup so literally I could signup one account which could generate enough revenue to hit my goal for the whole year so the excuse of not maintaining an 80% revenue goal is bogus; not to mention, there's nothing in writing from the company which states we have to maintain an 80% revenue goal or run the risk of being terminated. Again, to my knowledge "no one" has ever been terminated for this reason, I believe it's not coincidence that he terminated the two oldest team members on the sales team so I definitely feel discriminated against because of my age and I wanted to run this by someone to see if you could provide some insight to this situation and whether or not the State could provide some recourse or direction I could take in this matter.

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

We sign an Incentive Plan Contract but I think the employment agreement is at will

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

In the years 10 years "+" I have worked for the company- I have never been written-up for any reason...

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Answered in 2 minutes by:
9/19/2017
John
John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 5,983
Experience: Exclusively practice labor and employment law.
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Ask Your Own Employment Law Question

You do, at the very least, have what is called a prima facie case of age discrimination. What this means is you can meet the basic elements of a civil rights claim - which are 1) you are part of a protected class, 2) you are qualified for your job but treated adversely to similarly situated employees not over the age of 40 and 3) suffered an adverse employment action. With this you can bring a charge and it is for the employer then to attempt to refute your allegations with a legitimate non-discriminatory reason for your termination. From your question it appears you have a good record and they otherwise cannot refute it, so you probably can sustain this case in a court.

You must first file a charge with the Eqal Employment Opportunity Commission (the EEOC). The EEOC would investigate the workplace at no charge to you and make a determination of whether discrimination occurred. If the EEOC finds discrimination, they attempt to work out a resolution or, if a resolution cannot be reached, they'll either sue the employer or allow you to sue them in federal court. You can learn how to file with the EEOC here- https://www.eeoc.gov/employees/howtofile.cfm

John
John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 5,983
Experience: Exclusively practice labor and employment law.
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